Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1887-12-19
THE GROUNDS
GIVEN FOR THE SENlTE'S ACTION
In the Faulkner-LucaS Senatorial Con-
test
Special Ys,sornr, 10 ne Supday R,gigcr.

| SptcldI IettqTGm 10 tAe sunday htgt&eT'
WASHINGTON, D. c., December IL
To make the record complete the report OF
the Senate Committee on Privileges and
Elections in the West Virginia Senatorial
contest is herewith given in full:
The Committee on Privileges and Elec-
tons, to whom were referred the creden-
tials of Charles j. Faulkner, who claims a
seat in the Senate from the State Of West
Virginia, and the protest of Daniel B.
Lucas against the allowance of said claim,
and the credentials of Daniel B. Lucas,
who also claims the same seat, have con-
sidered the same, and respectfully re-
port:
The Constitution of the United States,
Article l, section 3, provides,
THE Senate of the United s ates shall
be composed of two Senators from each
State, chosen by the Legislature thereof,
for six years." 'if vacancies
happen by resignation or otherwise, during
the recess of the Legislature Of any State,
the executive thereof
MAY MAKE TEMPORARY APPOINTMENTS
until the next meeting of theLegislature,
which shall then fill such vacancies"
"SEC. 4. The times, places, and manner
of holding elections for Senators and Rep
resentatiyes, shall he prescribed in each
State by the Legislature thereof; but the
Congress may at any time by law make or
alter such regulations, except as TO the
places of choosing Senators"
The Revised Statutes Of the United
States, Title II, section ii, provide:
The Legislature of each State which is
chosen next proceeding the expiration of
the time for which any Senator was elected
to represent such State in Congress shall,
On the second Tuesday after the meeting
and organic alton thereof, proceed to elect
Senator in Congress"
Section 10 prescribes the manner OF such
election. Section 16 is as follows:
whenever, on the meeting of the Leg
islature of any State, vacancy exists in
the representation of such State 10 tue Sen
ate, the Legislature shall proceed, on the
second Tuesday after meeting and Organi-
zation, to elect person to fill such vacancy
in the manner prescribed in the preceding
section for the election of Senator for a
full term
The Constitution further provides
Article |, section 5 J.
each House shall be the Judge of the
election returns and qualifications Of its
own members"
OF course the opinion OF any other tri-
bunal can have no weight as an authority
in determining any question as to the val
idity Of the election Of Senator. But 1t
may be proper to note that the constitU
tional authority of Congress to prescribe
the time and manner of eleCting Senators,
although it may not exhaust the whole
subject, but still leaves In force the regr-
lationS of 4 State in regard to the same
subject not in conflict with its own, is ex-
pressly affirmed by the Supreme Court of
the United States in Cr parte Siebold, 100
u. S, 81.
The constitution OF West Virginia pro-
vidss that
"The Legislature shall assemble at the
seat Of government, biennially, and not
oftener, unless convened by the governor.
The licst session of the Legislature, after
the adoption Of the constitution, shall
commence On the third Tuesday Of Nov
embcr, 1872; ami the regular biennial ses-
sion of the Legislature shall commence on
the second Wednesday Of January, 1875,
and every two years thereafter on the same
day. "-Artjcie 8, section ;.
Article :, section :, is AS follows:
"rhe Governor may, on extraordinary
occasions. convene, at his own instance,
the Legislature, but when so convened it
shall
ENTER UPON No BUSINESS